Hopkins County v. Rodgers

Opinion of the Court by

Judge Ratliff

Reversing.

Appellee, Lonnie Rodgers, instituted this suit against Hopkins County, Ky., to recover damages to his land resulting from the construction of a state highway by the State Highway Department of Kentucky through the land of James Thomas, the county having purchased the right-of-way of Thomas for the benefit of the State Highway Department.

Plaintiff alleged in the petition that he was the owner of a certain tract of land in Hopkins County, adjoining the land of James Thomas and that Hopkins County procured a right-of-way from James Thomas upon which…